Access the on-demand webinar here.

The webinars in 42 CFR Part 2 Compliance webinar series and can be purchased individually or as part of the series. To learn more and/or purchase the full series, click here.

The 42 CFR Part 2 (“Part 2”) regulations protect the confidentiality of certain substance use disorder records by restricting the circumstances under which Part 2 Programs and lawful holders of Part 2-protected records can disclose patient records. 

The Part 2 consent requirements are more strict than HIPAA.  While HIPAA permits covered entities to use and disclose patient health information for treatment, payment and health operations without the patient’s consent, Part 2 requires a patient to consent in writing to the disclosure of their substance use disorder records for purposes of treatment, payment and health care operations, unless one of a limited number of exception applies.  While SAMHSA’s 2020 Final Rule updated some of the consent requirements, most disclosures still require a patient consent.  Health centers with a Part 2 Program must ensure they have a patient’s written consent to disclose to other health center providers for treatment purposes, to the patient’s insurance company for payment purposes, to any health information exchange and to a prescription drug monitoring program (PDMP), if such reporting is required under state law. 

Part 2 Programs must also provide patients with specific notice that their records are protected by Part 2. 

In this second webinar, FTLF attorneys will

• Provide an overview of the consent requirements under Part 2
• Discuss strategies for incorporating the Part 2 consent requirements into your existing HIPAA disclosure form and procedure
• Review the Part 2 patient notice requirements